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January 1, 1879, principal of general fund debt,.....

Balance January 1, 1879,...

$431,890 26

It will be observed that a deficiency loan of three and a half million dollars, to extend for the term of three years, will become necessary in 1874. Two installments of the general fund debt, amounting to $1,642,961, will also have to be provided for in like manner. Provision is also made for the ultimate repayment to the State of the general fund debt, and of all advances beretofore made, or hereafter to be made to the canals, with interest thereon at current rates.

If the annual revenues shall increase, at the rate per cent contemplated, these loans will not become necessary; but the debts, including the general fund aebt, will all have been paid by the year 1877, and a large balance will be left in the treasury, as will appear by the statement and estimate of the canal committee, to which reference has been made.

It will be observed that the above mentioned provisions supersede the State loan, to pay the interest on the floating debt, and to that extent relieve the people.

This end they hope to secure by the abolition of the offices named and by placing the canals under the charge of a single superintendent, with assistants amenable to himself, and employees of his selection, and always subject to his control. The combinations which have been strengthening and forming for so many years, and which have resulted so disastrously to the interests of the State, as shown by the recent investigations, will thus be broken up.

The committee regard the appointment of the Superintendent by the Governor and Senate, to hold for a term of eight years, subject to removal for cause, as the most advisable mode of selection. It will place such officer in a position of independence of political organizations, and above the vicissitudes and changes resulting from party contests.

Who can doubt what would have been the result had the New York Central railroad company, at the date of its organization, resolved to select its superintendent at short stated periods, by a vote of all the stockholders, instead of leaving his selection to the executive board? Combinations for the promotion of favored persons, Your committee believe a larger annual revenue without due regard to their fitness for the posithan $3,000,000 will be realized. The expenses tion, would have been the inevitable result, and of maintenance and repairs will, we hope, be ma- inefficiency and want of success in the manageterially diminished. With an increase of tonnagement would doubtless have been the consequences. even at the average rate of the last twenty years, and with undiminished tolls for which we have provided, such increase is certain.

A glance at the past, on this subject of tolls, will be instructive.

At the rate existing in 1846, when the present Constitution was adopted, the receipts for tolls for the year 1866 would have been $6,930,264, or $2,477,039 in excess of the sum actually obtained. It is the opinion of your committee that the tonnage will not be materially affected by a change of tolls within the range of prices charged since 1852. The capacity of the canals to afford facilities for transportation, so that forwarders can lessen the expense of their labor, will do far more to attract tonnage to the canals than any adjustment of the tolls which may be made.

The experiment adopted in 1858 to 1860 to invite additional tonnage, by a reduction of tolls, resulted in no substantial increase by the same while the State sustained a loss of revenue of $1,998,966, or more than the entire floating debt, in those three years; and before the State restored the present rates, the loss was over $2,600,000.

The tonnage since 1846, at the rates of toll existing when the present Constitution was

It is in no spirit of hostility to the elective principle that we make this recommendation. The people elect the Governor and Senators, by whom the selection is to be made, and the duties of the position are such that fitness alone should control the choice, and the interests at stake are too vast to be left to the capricious choice of nominating conventions.

The recommendation as to the appointment of the Auditor is in conformity to the usage which has prevailed since the office was created and to which we have heard no objection.

Your committee feel constrained to notice the proposal that the revenues of the canals shall be devoted to the payment of the bounty or war debt before any of the improvements demanded by the public necessity shall have been made. There are many reasons why this should not be done, prominent among which are the following:

First. It is to be hoped the general government will refund to each State and locality the entire debt contracted for war purposes, thus placing the States upon an equal footing in defraying the expenses of the contest for national

life.

Second. The Western and Northwestern States have not only contributed largely to our revenues

through the canals, as shown by the preceding tables, but, during the war, they devoted of their blood and treasure their full share to support the national cause. It would be unjust and unbecoming the policy of this great State to tax their products while seeking the markets through our canals for the purpose of paying the portion of such expense incurred by us.

Third. The debt is one which the people are pledge by a direct vote, and will pay, if necessary, by taxation. They will cheerfully submit thereto on condition they are hereafter to realize the full fruits of the contest in which the debt was incurred a nationality purified and strengthened, and States enjoying reciprocal and mutual com. mercial intercourse.

Fourth. Before the several debts and liabilities to be paid from the revenues, shall have been discharged, the bounty or war debt will have been paid and extinguished in some one of the modes before mentioned.

While your committee would avoid all unnecessary impositions by taxation, they cannot so underrate the patriotism and intelligence of the people as to believe they will prefer a policy which will violate the honor of the State and doom the canals to neglect and destruction in order to escape taxation, for the present, at the hazard of more certain and onerous taxation in future.

Your committee have arrived at the conclusion that the subject of imposing tolls upon railroads, and of compelling uniform rates of freight, are questions for legislative action, and that neither can properly be affected by a constitutional provision.

They ask to be discharged from the further consideration of the several resolutions and subjects referred to them.

All which is respectfully submitted,

E. G. LAPHAM, Chairman.
THOS. G. ALVORD,
GEORGE W. CLINTON,
ERASTUS S. PROSSER,
GEORGE M. BECKWITH,
WALDO HUTCHINS,
ELIAS ROOT,
JAMES A. BELL,

ELIZUR H. PRINDLE.

I concur in the preceding report except so far as it recommends that the care and management of the canals be intrusted to one Superintendent of Public Works, with four deputy superintendents under him, to be appointed by the Governor, by and with the advice and consent of the Senate.

M. SCHOONMAKER.

submitting this report, that the members of this committee, as is already shown by the files of the Convention, in some of the details differ with the opinion or recommendation of the majority. One or two differ in regard to the mode of selecting a single superintendent, two others preferring three or four superintendents instead of one, and two members of the committee disagree with the majority in some of the financial views which are presented by the report.

The PRESIDENT-This report will be printed under the rule, and the committee is discharged from the further consideration of the several matters therein contained.

Mr. LAPHAM-I desire to add one other observation. During the progress of our investigation the Convention authorized a sub-committee to take some evidence at Syracuse. The subcommittee, of which Mr. Prosser was chairman, was appointed for that purpose, and they have taken, in addition, to the evidence taken before the committee, some evidence touching the sufficiency of the locks, and have made their report to the committee. I ask that that report, and the evidence they have taken, be published, together with the evidence taken by the committee. The PRESIDENT-It will be printed under the rule.

Mr. PROSSER, from the same committee, read the additional report, as follows:

On the 8th of August, instant, the Convention passed the following resolution:

"On motion of Mr. Prosser, Resolved, That the Committee on Canals have authority to attend personally on Friday and Saturday of this week, or authorize a sub-committee of their number to do so, at such place as they think proper, to take testimony and make personal examination as to the capacity of the locks upon the Erie canal to do the business, and as to the capacity of the prism for larger locks."

In pursuance of such resolution, the undersigned were appointed to perform the duties therein stated; and as one of their number had previously been assigned by the Convention other duties at the city of Syracuse at the same time, your committee selected that place as the most appropriate and convenient to take the testimony and make the examination referred to in the aforesaid resolution.

On Friday, the 9th instant, your committee assembled at Syracuse, and in the evening took the testimony of James Clark, of that place, which they annex hereto; but for convenience the substance of Mr. Clark's testimony is here stated: he testifics that he has for over twenty years last past been engaged in taking care of horses employed in the towing of canal-boats; that his attention has been daily, during the navigable season of the canals, for this long period, called to notice any delays that occurred in the passage of boats at that place; that during the fall of 1860, 1861, 1862 and 1863, there was very great detention there, caused by the inability of boats to pass through the locks as rapidly as they came, there be ing three tiers of locks to pass boats on to that level going east, and only two to pass them off westward; that the crowds were great and freMr. LAPHAM-It is proper, I should state, inquent during the periods above stated; that as

I concur in the preceding report except so far as it relates to the lateral canals and to the care and management of all the canals; in regard to which subjects I have expressed my views in a minority report.

TEUNIS G. BERGEN.

I concur in the preceding report except so far as it relates to the care and management of the canals, as to which I expressed my views in a minority report. DAVID L. SEYMOUR.

the boats built the last few years were larger than formerly, it was impossible to pass them through the locks as rapidly as could be done several years ago-say in 1860 and 1861.

the year 1861, fully corroborating the witnesses Clark and Delamater. Indeed, the prediction of Mr. Seyle that "should the business of the canal require the passing of more tonnage through these locks than was passed last fall, you must increase the capacity of the locks or otherwise be content with what was then done," has been singularly verified; for, as will be noticed by referring to the table herein of the number of new boats registered in the years 1861 and 1862, largely in ex

Early in the morning of the 10th day of August, your committee visited the lock, on the Erie canal, in the city of Syracuse; found boats busily engaged passing both ways. They took the following memoranda of what occurred in their presence: There was plenty of water, and no lack of attention on the part of the boatmen or lock-cess of former years, accompanied by the fact of tenders; both locks were fully employed every instant, and the loaded boats were aided by the use of a fixed purchase, or pulley, upon the lock, furnished by the lock-tender, which facilitated considerably.

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very high freights upon the canal, as appears by
the report of the Auditor, and the farther fact
that in those years there was less than the usual
detentious by breaks in the canal, as appears by
the recent report of the Canal Commissioners,
yet, with plenty of water, a great increase of
boats, an abundance of business, and the incent-
ive to energy which high freights impart, the
lockages in the fall of 1861, 1862 and 1863 were
little if any more than in the fall of 1860, as the
following table will show:

Lockages at Alexander's Lock, three miles West of
Schenectady.

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Thus seven boats were equal to 168 in 24 hours.

Light.
130 M ft. lum.

passed in one hour,

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1860, 3, 9224, 2634, 6064, 703 4,892 5,380 4,524
1861, 3,7164, 101 3,8223,781 4,3495,386 5,925
1862, 4,392 5,061 5,376 4,635 5,2605, 2474,517
1863, 4,5965,092 4,0834,409 3,441 3,915 4,166

14732,489 99 31,179 189 34,977 369 30,071

1866, 2,7103,124 4,637 5, 104 4,568 4,607 3,990 1,142 29, 882

Detention by break, season of 1861, 13 days 20 hours. Detention by break, season of 1862, 11 days 12 hours.

Detention by breaks for past ten seasons average seventeen days-see Commissioners' report

1858,.

1859,.

1860,.
1861,.
1862,.
1863,

New boats registered for years stated.

The testimony of James Delamater, the locktender, was then taken, and is herewith annexed, and is briefly, substantially as follows: That there was a great delay in the years 1860, 1861, 1862 and 1863, at Syracuse, in boats getting through the locks, and he agrees with Mr. Clark, the other witness, that boats were there awaiting lockage to the Convention. half of the time for the fall of those years; that as the boats built within the past few years are 1857,. rather larger, it takes more time to pass them through the locks than in 1860 and 1861; that from 150 to 170 boats daily is as many as can be passed through those double locks; that there is plenty of water, and the locks are well and faithfully attended. Your committee are of the opinion that it is entirely safe to rely upon the testimony of this witness. Attention is invited to one further statement that be makes: That for several days in the latter part of November, 1866, there was a great crowd of boats at that place (in this he corroborates the witness Clark), and as many boats were passed daily as could be, and that a true statement of what was then done he forwarded to the Auditor; a copy of that statement is hereto annexed, and it shows the number of boats passed through those double locks from the 23d to the 30th of November, 1866, inclusive (the days when the largest number were passed), was 1,269, or say nearly 159 daily.

Your committee are favored with a letter from the Hon. Lewis Seyle, now a member of Congress from the Twenty-seventh district of this State, addressed to one of their number, Mr. Prosser, in

SYRACUSE, April 5, 1861

Hon. E. S. PROSSER, Albany:

329

255

206

403

619

850

771

Dear Sir: In answer to your inquiry in relation to the Lodi locks, I have only to say that during the last two months of navigation last fall, the number of boats were such that rendered it utterly impossible to pass them without more or less detention; we had a full supply of operators, and each lock was manned with four energetic young men, who understood their business; a span of horses was kept upon the berme bank to facilitate the passing of boats through what is called the heel-path lock, but with all this, we were compelled to require boats to wait for their turn. Should the business of the canals require the passing of more tonnage through these locks than was passed last fall, you must increase

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the capacity of the locks, otherwise be content with what was then done.

Very respectfully,

Your obedient servant,

LEWIS SELYE,

Contractor Section 8, Erie Canal. From the report of the Auditor on trade and tonnage for the year 1866 the average cargo of boats eastward is stated at one hundred and seventy tons. Upon inquiry at the department your committee are informed that in making up this average the total tons arriving at tide-water by the Erie canal is taken and divided by onehalf the lockages at Alexander's lock, the quotient is assumed as the average cargo. It will be apparent that in this way of arriving at cargo, the cribs of timber of very light weight and the small boats from the Chemung, the Chenango, the Genesee Valley and the Black River canals come in to make up the average so low as this.

From the annexed statement of the Auditor it appears the cargo of boats from Buffalo and Oswego for past six years gradually increased, and in the year 1866, in the month of November, from Buffalo, averaged two hundred and nine

tons.

From the foregoing your committee arrive at the conclusion that the practical capacity of the Erie canal, with the existing locks, to pass prop erty eastward from Lakes Erie and Ontario, to tide-water, may be stated substantially as follows: The canal opens on the average, on the 1st of May, hence the full season for shipment from those places from May 1st to November 16th is..... 200 days.

Deduct from this the average inter-
ruption to the navigation by breaks
in the canals before refered to,.... 17

183 days.

Taking 160 lockages as the average daily one-half east, with average cargo of 200 tons, which is liberal, including lumber, ship stuffs, and other light property, and we have a daily tonnage from the lakes east of 16,000, Tons. for 183 days is.... 3,228,000 But as this would fully occupy the canal with business coming from beyond this State, done with large boats, it is quite apparent that the cribs of timber and the small boats from the lateral canals will reduce the average cargo below 200 tons, and correspondingly reduce the total tonnage which can pass east in a season. Your committee are hence of the opinion that 3,000,000 of tons annually eastward is the full practical capacity of the Erie canal with the present locks; but with the present locks proposed and one tier only, they think the capacity will be very largely increased, even by horse power, and fully trebled if the business is done by steam; and that the prism of the canal is well adapted to boats 200 feet long and 23 feet wide, when improved, as is proposed by the committee on canals.

All of which is respectfully submitted.

E. S. PROSSER, JAMES A. BELL, A. B. TAPPEN.

Which was referred to the Committee of the Whole and ordered to be printed under the rule.

Mr. CHAMPLAIN, from the same committee, read a minority report, as follows:

The undersigned, from the Committee on Canals, respectfully REPORTS:

That he wholly dissents from the article reported by the majority of the committee so far as the same relates to the management of the canals, and the financial policy to be maugurated. So far as the management of the canals is concerned, the undersigned has already briefly stated his objections to the plan recommended by the majority in a report already submitted.

As to the financial sections of said report, the undersigned regards them as objectionable upon the following grounds:

First. They violate the faith of the State, pledged to the public creditors by the express terms of the existing Constitution.

The revenues of the canals, which are now pledged to the payment of the debts specified in the proposed sixth and eighth sections. are diverted to the extent of eight millions of dollars, and the payment of the said debts correspondingly postponed.

Second. The article, in the opinion of the undersigned, contains provisions under which a system of public improvements may be commenced which may require twenty years to finish, and an expenditure of many times the amount of the proposed limit.

That from the evidence taken before the committee, and the examination of the subject, the undersigned has failed to see any immediate, and certainly no pressing necessity for additional capacity in the Erie canal.

Some evidence has been given tending to show that temporary embarrassment in navigating the Erie canal has occasionally occurred at a point near the conjuretion of the Oswego canal with the Erie, for a short period in the most crowded season of canal navigation, but that the embarrassment was attributable to some extent to lack of force and efficient management, and may be obviated at a comparatively trifling expense at the points named. That the general capacity of the canal is amply sufficient at the present time, and will be for an indefinite number of years in the future, is abundantly established by the concurrent testimony of those best acquainted with the subject.

Third. The undersigned fails to see in the form of said article those wise and stringent safeguards against improvidence and prodigality in expenditure which experience has demonstrated to be indispensable.

Instead of loosening the forms of restraint on these subjects in the organic law, the undersigned believes that every consideration of public policy demands they should be more stringent.

That since the article reported by the majority was considered in committee, a report has been submitted to this body by a majority of the Finance Committee upon this subject, in the reasoning and conclusions of which the undersigned fully concurs. The article so submitted by said

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