to sustain the use to which they had been put without any evidence of failing. This deponent well recollects the time, in the month of December, 1829, when the water was turned through the said locks, and noticed that it was continued running through said locks during the winter following. Deponent says that it was the practice, in winters previous, to shut the water entirely out of said locks, to prevent the formation of ice therein, and deponent believes this practice to have originated from a desire to protect the said locks from the effects of ice. Deponent further says, that for the purpose of passing from the Erie to the Genesee level a supply of water for the canal to Montezuma, an aqueduct built of cut and hammered stone, was constructed from the head of the locks aforesaid, around the brow of the hill, in such manner as to pass the water into the canal below, which aqueduct deponent says, has not generally been used for the purposes for which it was constructed, since December, 1829. And this deponent further says, that in consequence of not passing the water through the aqueduct aforesaid, it was necessary to discharge the same through the locks. From examinations made within ten days last past, deponent is positive, that much injury has already been done to the locks in consequence of passing the water through them as aforesaid. The five locks on the easterly side, through which the water has been generally passed, appear to have received the most ir jury. The flagging in the upper lock is torn up and displaced, to what extent deponent cannot say, owing to the quantity of water passing in said lock. The walls of some of said locks are nearer together than they were originally 'placed; and the easterly wing wall at the northerly end of said locks, hangs over inwards, and is out of plumb, by measurement, about four inches. The northerly end of the centre wall and dome has settled, and is inclining towards the wing wall aforesaid, and is also considerably out of plumb. This deponent is of the opinion, that these appearances are mostly occasioned by the passing of the water aforesaid, which at certain times deponent has scen running in very large quantities, and occasioned a jar or tremor of the locks. From the deponent's knowledge of lockbuilding, he is satisfied that the locks aforesaid would answer the purpose for which they were built, as they were carefully erected, and done in a first rate manner; and deponent is equally positive that if they are used for passing the large quantity of water which is necessary to pass from one level to the other, they cannot sustain such use very long with out being rebuilt. CALVIN BATCHELOR. Subscribed and sworn to before me, this 14th day of January, 1831. J. M. PARKS, Commissioner of Deeds, Niagara County, ss. Hezekiah Hill, laborer, of the said county, being duly sworn, deposes and says, that he was employed for several months, the season past, in passing boats through the ten combined locks at Lockport. And this deponent further says, that there is a stone aqueduct commencing at the head or southerly end of said locks, and running easterly around the brow of the hill, through which the water in seasons previous was passed, to supply the Genesee level of the canal: the use of said aqueduct as aforesaid, is indispensable for the convenient passing of boats through the locks. And this deponent further says, that he was directed to pass the principal part of the water necessary for the Genesee level through the locks; and that deponent executed this order to the best of his ability, though frequently it was impossible so to do. And this deponent further says, that in consequence of passing the water through the locks as aforesaid, boats navigating the canal were frequently detained until the locks could be got ready for their reception: that the culvert gates of the locks, almost every day, became choked with grass and flood-wood, particularly those near the head of the locks, and boats would be detained until the gates could be cleaned out. Had the aqueduct been used for passing the surplus water, instead of the locks, this difficulty would have been almost entirely avoided, as the grass and flood-wood would have drawn to the gates leading into the aqueduct. During the night, the labor of tending the locks was much increased, and boats were longer detained than in the day-time, owing to the difficulty of clearing the gates as aforesaid, Deponent is of opinion that the labor of turning the water through the locks as aforesaid, is equal at least to one extra hand. And deponent further says, that boats passing east were always obliged to hold up and stop a sufficient time to have the locks made ready for their reception. No such delay would be necessary, was not the water passed through the locks, as they might at all times be ready, and boats might pass directly into the upper lock, without stopping. This delay, under the most favorable circumstances, would consume generally from five to fifteen minutes, at all times, when the arrival of the boat happened when the water was run ning through the locks. And deponent further says, that the water could not be passed through the locks when boats were passing them; and consequently, the supply of water for the Genesee level was not at all times regular, which affected the canal more or less to Montezuma, as deponent believes. And deponent also says, that when the water was not drawn through the locks to the level below, the water in the canal above the locks would rise, (and owing to timber and plank being placed on top of the stone wall between the canal and aqueduct, to prevent any water running over said wall into the aqueduct,) the said water would overflow the locks and run down the towing-path, on the westerly side of the canal, much to the inconvenience of persons navigating the canal. HEZEKIAH HILL. Subscribed and sworn to before me, this 14th January, 1831. ELIAS RANSOM, JR. Commissioner of deeds, &c. Niagara County, ss. Benoni Richardson, laborer, of said county, being duly sworn, deposes and says, that he was employed to tend the locks, some part of the season last past. This deponent has heard the affidavit, made by Hezekiah Hill, read, and which is hereunto attached, which from actual experience, this deponent believes to be correct. And deponent further says, that he has navigated the canal some part of the past season, and noticed that the Genesee level appeared to be short of water, which deponent principally attributed to there not being a sufficiency passed through the locks at Lockport. Deponent is also of opinion, that it would be difficult, if not impossible, to pass a sufficient supply for said level, through the locks aforesaid, if said locks were used for passing boats usually navigating the canal. BENONI RICHARDSON. Subscribed and sworn to before me, this 15th January, 1831. Commissioner of deeds, &c. Niagara County, ss. John Schuyler, laborer, of said county, being duly sworn, deposes and says, that he was engaged the last season, tending the locks at Lockport, and agrees in the statement made by Hezekiah Hill, in his affidavit hereunto annexed. his JOHN SCHUYLER. mark. Sworn this 15th day of January, 1831, before me, Commissioner of deeds, &c. The Grand Jury of the county of Niagara respectfully represent, That the manner in which the surplus wates of the Erie canal at Lockport are disposed of, is a subject deeply involving the interests of every citizen of this county. At the same time, we are fully aware that no legal remedy can be applied to correct evils of this character, yet it is no less our duty to present this evil than those of a strictly legal character. Of the causes which have led to it, we presume not to speak; but as citizens assembled from different parts of this county, we deem it proper to present to the public our views on a subject in which all are so greatly concerned, and which so essentially affects the public prosperity. Previous to the construction of the Erie canal through this section of country, the inhabitants were at great expense, and suffered much loss of time, in getting their grain manufactured, their wool carded, their cloth dressed, and to obtain such work as is done only by water power. For the uses and purposes of the canal it was necessary to make a feeder around the locks at Lockport, to supply the Genesee level with water. In its passage from the Erie to the Genesee level, this water can be used without any loss or detriment to the canal; while its use tends greatly to enrich this section of country and accommodate its inhabitants. It is of vital interest to the village of Lockport, and the manufacturing and farming interests of the county. Soon after the completion of the canal, this water was successfully applied to machinery, and the effects were immediately and sensibly felt by the surrounding country. In the month of December last, the superintendent of this section of the canal received an order from the acting Canal Commissioner, Henry Seymour, Esq. "to turn the surplus waters, at this place, through the locks, and away from the machinery, at all times when practicable." This order was carried into immediate effect, and continues to the present day-the consequence of which is, the great injury of the inhabitants of this village and of the country adjacent. Many persons, from their peculiar location, and from the drought usual at this season of the year, are obliged to go thirty and forty miles to mill, instead of ten or twenty miles. Could we discover any plausible pretext for thus placing an additional burthen upon our laborious population, or any necessity for turning the water into the locks and rendering it useless, the subject would appear very different. But this act is altogether unnecessary for the uses and purposes of the canal and its navigation. We repeat, that this matter may appear trifling, but it is of the most serious consequence to a population covering at least 400 square miles -a population, too, who have natural obstacles in abundance to surmount, sufficient at least to exonerate them from a misfortune which appears to be created for reasons to us unknown. We have examined the locks, and believe that these "proud monuments of the spirit and enterprise of the freemen of New-York," will be seriously injured by the passage of so large a body of water through them, particularly as they were not calculated and constructed for this purpose. A capacious waste-weir around them, made at an expense of several thousand dollars to the state, for the only purpose of discharging this water, is unoccupied-for no other reason than, if used, the machinery will run, the operation of which is of such great interest to every individual of this county. We frankly confess our feeling are aroused, and are of opinion, that the exigencies of this case require a prompt and efficient remedy. We again say, in conclusion, that after the causes which led to the evils of which we complain, we are not at present inquiring, but that a serious public injury is produced, and that it is most sensibly felt we are confident, and as such only we present it; and for this reason we submit, whether something should not be done to obviate it. For and in behalf of the Grand Jury. [Copy.] |