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representations. And, as in duty bound, shall

eWer draw.
pray GOUVERNEUR MORRIs,
DE WITT CLINTON,
SIMEON DE WITT,
W. NORTH,
THOMAS EDDY.
ROBERT R. LIVINGSTON,
ROBERT FULTON,
PETER B, PORTER.
Commissioners.

[Communicated to Congress, December 24, 1811.] .

To the Senate and House of
Representatives of the United States :

I communicate to Congress copies of an act of the Legislature of New York, relating to a canal from the Great Lakes to Hudson river. In making the communication I consult the respect due to that State in whose behalf the commissioners appointed by the act have placed it in my hands for the purpose.

The utility of canal navigation is universally admitted. It is not less certain that scarcely any

country offers more extensive opportunities for

that branch of improvements than the United States ; and none, perhaps, inducements equally persuasive, to make the most of them. The particular undertaking contemplated by the State of New York, which marks an honorable spirit of enterprise, and comprises objects of national, as well as more limited importance, will recall the attention of Congress to the signal advantages to be derived to the United States from a general system of internal communication and conveyance, and suggest to their consideration whatever steps may be proper, on their part, towards its introduction and accomplishment. As some of those advantages have an intimate connexion with arrangements and exertions for the general security, it is at a period calling for these, that the merits of such a system will be seen in the strongest lights.

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Cumberland Road in Maryland and Ohio.

sideration of all matters relating to the said inland navigation ; and in case of the resignation or death of any of the said commissioners, the vacancy shall be supplied by the person administering the Government of this State. II. And be it further enacted, That the said commissioners, or a majority of them, shall be. and hereby are, empowered to make application in behalf of this State to the Congress of the United States, or to the Legislature of any State or Territory, to co-operate and aid in this undertaking, and also the proprietors of the land through which such navigation may be carried, for cessions or grants to the people of this State, to be received by the said commissioners in their discretion; and also to ascertain whether loans can be procured on advantageous terms, on the credit of this State, for the purpose aforesaid, and the terms on which the Western Inland Locknavigation Company would surrender their rights and interests to the people of this State. III. And be it further enacted, That the said commissioners shall be, and hereby are, empowered, to employ engineers, surveyors, and such

other persons as, in their opinion, may be necessary in order to enable them to fulfill the duties imposed on them by this act, and to pay them for their respective services, such sums as may be reasonable. IV. And be it further enacted, That the said

commissioners shall, and they are hereby required to report to the Legislature, at their next session, an account of the whole of their procedings.

W. And be it further enacted, That the Treasurer shall pay to the order of a majority of the said commissioners, out of any moneys in the Treasury, not otherwise appropriated, any sum or sums not exceeding $15,000, and for which the said commissioners shall account to the Comptroller of this State.

CUMBERLAND ROAD.

[Communicated to Congress, February 3, 1812.]

To the Senate and House of
Representatives of the United States:

I lay before Congress a report of the Secretary of the Treasury, containing a statement of proceedings under the “act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio.” - JAMES MADISON.

February 1, 1812.

TREASURY DEPARTMENT,
January 25, 1812.

| Sin: In conformity with the provisions of the act “to regulate the laying out and making a | road from Cumberland, in the State of onio.” several proposals were received, and contracts entered into for making the first ten miles of the road with the following persons, viz:

Cumberland road in Maryland and Ohio.

McKinley, 2 miles and 246 perches, at

$2.1 50 per perch - - - * - $18,827 25 Randle, 2 miles and 8 perches, at $14 50 per perch - - - - - - 9,396 00 Cochran, 2 miles and 131 perches, at $22 50 per perch - - - - 17,347 50 Cochran, 2 miles and 255 perches, at $16 50 per perch - - - - 14,767 50

Total, 10 miles - - - - $60,338 25

A copy of one of the contracts (A) is here with enclosed which will show, in detail, the terms, the obligations entered into by the contractors, and the manner in which the road is to be made. In those contracts the bridges are not included, and all the smaller ones have been contracted for at the rate of one dollar and fifty cents to two dollars per perch of mason's work. This, together with contingent allowances, some additional work which could not be embraced in the contracts, and the annual salary of $1,800 allowed to Mr. David Shriver, junior, who superintends the whole, will, it is believed, make the entire cost of those ten miles seventy-five to eighty thousand dollars. It appears, by Mr. Shriver's report, which, together with an extract of his letter of the same date, is here with enclosed. (B.) that it is probable that these ten miles will be completed by the first day of August next, according to contract. The sum appropriated for making the road amounts, after defraying the expenses of surveying and laying out the same, to $125,477 51; and there will, therefore, remain, after paying the whole expense of finishing the first ten miles, an unexpended balance of about $50,000 applicable to the prosecution of the work. This, supposing the expense to be at the same rate, would be sufficient to complete nearly seven miles more. Mr. Shriver suggests that it would be desirable that contracts might be made, and the road be completed for eleven miles instead of seven. This would reach as far as Tomlinson's, twenty-one miles from Cumberland, where the old and new roads meet, and render the whole work done useful, even if it proceeded no further. For effecting that object a further appropriation of about $30,000 would be necessary. - Another observation of the Superintendent, which deserves particular attention, relates to the necessity of levying tolls sufficient to keep the road in repair; but this can be done only under the authority of the State of Maryland. From the nature of the contracts, and from the manner in which the work has been executed, it will, it is believed, satisfactorily appear that the chain of mountains, which divides the Atlantic from the Western States, offers no real impediment to an easy communication, and that roads may generally be made as perfect, as convenient, and on the same terms, across those mountains, as in any other part of the Union. I have the honor to be. &c. ALBERT GALLATIN. To the PResident of the UNITED STATEs.

A.

Articles of agreement made and concluded on the eighth day of May, in the year of our Lord one thousand eight hundred and eleven, between Henry McKinley, of Maryland, of the one part, and Albert Gallatin, Secretary of the Treasury, in behalf of the United States, on the other part. Whereas, the said Henry McKinley has agreed for, and in consideration of, the payments hereinafter mentioned, to make and complete in a workmanlike manner a certain part of the road leading from Cumberland, in the State of Maryland, to Brownsville, in the State of Pennsylvania, as the same has been laid out and confirmed, in pursuance of the act entitled “An act to regulate the laying out, and making a road from Cumberland: in the State of Maryland, to the State of Ohio,” and of the act entitled “An act in addition to the act, to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio,” which part of the road thus contracted for by the said Henry McKinley, and hereinafter described, is to be made and completed by the said Henry McKinley, in the following manner, and on the following conditions, that is to say: The trees to be cut down and cleared the whole width of sixty-six feet, according to the fourth section of the act abovementioned; the stumps to be grubbed, and the bed of the road to be levelled thirty feet in width; the hills to be cut down, the earth, rocks, and stones, to be removed, the hollows and valleys, and the abutments of all the bridges and culverts, to be filled, so that the whole of the road on the aforesaid width of thirty feet, to be reduced in such manner, that there shall not in any instance be an elevation in said road when finished, greater than an angle of five degrees with the horizon, nor greater than the gradation fixed by the commissioners who laid out the road, and so that the surface of the said road shall be exactly adapted to the marks or stakes, made or to be made, by the person appointed superintendent for the said road by the President of the United States. Where the earth is to be raised, the sides are to slope at an angle not exceeding thirty degrees, the base or bottom part thereof to be of such width as to secure to the road a complete surface of thirty feet in width; a proper allowance to be made for the settling of". made earth, according to the directions of the superintendent; and no stumps, logs, or wood, of any kind, to be permitted in the filling. In all situations on sides of hills, or otherwise, where it may be necessary to fill, but where the nature of the ground will not, in the superintendent's opinion, admit filling with such slope as above mentioned, and where side walls will be built at the expense of the United States, the contractor is to fill four additional feet in breadth, so as to give thirty-four feet surface to the road. Where the hills are cut through, or the road dug along the side of a hill, the bank or banks to be cut of such slope as will be gecessary to prevent the earth from falling or slipping in upon the said surface of thirty feet. But in those places where, from the steep ascent of the side of the hill, to cut

Cumberland Road in

with such slope would be impracticable, and where the superintendent may cause side walls to be built to support the bank at the expense of the United States, the bank may, with his permission, be cut perpendicular, or with a greater anle. The surperfluous earth to be removed to the next filling, and there spread, so as to increase the breadth of the road equally on each side, from the commencement of the filling to the end of it, unless otherwise permitted, or directed, by the superintendent. What may be deficient, in order to fill the hollows, to be dug out of the aforesaid thirty seet, or from the banks, in such a way as to increase the width of the road equally through the nearest cutting, unless otherwise permitted or directed by the superintendent. Nor in any instance, the earth to be dug without such permission or direction, more than one foot below the surface of the pavement, within the aforesaid breadth of sixty-six feet. A ditch or water course to be left or made on each side of the said surface of thirty feet, and contiguous thereto; but where the road is dug along the side of a hill, having an ascent exceeding thirty degrees, the ditch along the side of the hill may be dug within the width of the thirty feet, so that the surface of the road, including the said ditch, shall, in such cases, be only thirty feet in breadth. The ditches are, in every instance, to be of such breadth and depth as the superintendent shall direct, and valleys or sewers above the surface of the ground, necessary to give vent to the waters on the side of the hills, to be made in all parts where, and in such manner, as shall be designated by the superintendent. The road to be covered twenty feet in width, with stone eighteen inches in depth in the middle, and diminishing to twelve inches at the sides; the upper six inches thereof, to be broken to such a size as that each particle thereof will pass through a ring of three inches in diameter, and the remaining or lower stratum to be broken so as to pass through a seven inch ring. No stones to be used for said pavement but such as may be approved of; provided, they are within one mile, on an average, from the part of the road where they may be wanting, and particular pains to be taken to select the best for the upper six inches. In all cases, where bridges or culverts are built, the pavement to extend twelve inches deep from the extremity of the aforesaid breadth of twenty feet to each side wall, the whole length of said walls; for which additional pavement the contractor shall, in addition to the price stipu. lated in the articles of agreement, hereto annexed, receive an allowance at the rate of one dollar for every fifty superficial square feet of such additional pavement. The whole of the said artificial stratum of broken stones to be made in a compact manner, and to be supported on each side by good and solid shoulders, and its surface to be formed as smooth and even as may be, and of such convexity as the superintendent may direct. Each grade of the road to be perfectly levelled, brought to the proper degree, and approved, before any stones are put on the same; and the lower stratum of stones passing through a seven inch ring,

is then to be put on, levelled and approved, before the upper stratum, of stones, passing through a three inch ring, is put on. In every instance the contractor to find, at his own expense, the stones wanted for the pavement, and for his work on the road, but to be allowed, in addition to the price stipulated as hereinafter stated in the articles of agreement, at the rate of half a dollar for each perch in length of the road, where he shall be obliged to pay the owners of the adjacent farms for such stones. The side roads, on each side of the pavement, to be dug as low and deep in the cut parts of the road, and particularly through the rock, as the superintendent may direct; and the filling of such side roads, where the same is necessary, to be raised as high as may be directed by the superintendent. No contractor is to interfere with the stones of the contractors for adjacent sections of the road; for which purpose a line at right angles with the road, at the end of each section, will be considered as dividing the right to stones by each contractor, unless otherwise directed by the superintendent on acceount of a want of stones within the limits of any one section. Masons, or other persons, who may contract with the United States for the building of bridges, culverts, walls, or any other species of mason's work on the road, to be permitted by the contractor to take and select such stones, within his division, as such mason or other person may think proper, and to haul the same along the parts of the road levelled by the contractor, or elsewhere, to the place where such stones may be wanted, without any interruption. Wherever the road meets with, or runs along the course of any other road heretofore used, a sufficient width of road to be kept open for wagons and all kinds of carriages, to pass and repass without delay or interruption, whilst the new road is making. The contractor shall not in any instance let or transfer his contract, or any part thereof, to any other person without the superintendent’s consent; and in every instance, where such sub-contract may be made, the price per perch to be allewed to such sub-contractor shall be fixed, with the said superintendent’s approbation, and shall be paid by him to such sub-contractor, out of the first moneys which may become due to the principal contractor, according to the provisions for payment stipulated in the articles of agreement. The contractor shall not employ any workmen or laborers, who commit depredations in the neighborhood, or insult the travellers; and he shall, on the application of the superintendent, immediately discharge any workman or laborer in his employ. The contractor shall commence working on his station at the end nearest to Cumberland, unless a deviation in that respect be assented to by the superintendent. Now, this agreement made and concluded on

the 28th day of May, 1811, between the said Henry McKinley, of the one part, and Albert Gallatin, Secretary of the Treasury, in behalf of the United States, of the other part, witnesseth, that the said Henry McKinley, for his heirs, executors, and administrators, does hereby covenant,

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promise, and agree with the said Albert Gallatin as aforesaid, that he, the said Henry McKinley, shall and will, well and faithfully, and in a workmanlike manner, on or before the 1st day of August, 1812, make, finish, and complete in the manner, and on the conditions hereinbefore mentioned, all that part of the road abovementioned, which is designated by the name of the “first section.” beginning at Cumberland, in Maryland, and ending at a place on said road two-miles and two hundred and forty-six perches distant from said Cumberland. . In consideration whereof, the said Albert Gallatin. for and in behalf of the United States as aforesaid, doth hereby covenant, promise, and and agree, to and with the said Henry McKinley, his executors, and administrators, that the said United States shall and will, for doing and performing the work aforesaid, well and truly

y, or cause to be paid, to the said Henry Mc

inley, his executors, or administrators, at the rate of twenty-one dollars and twenty-five cents for each and every perch in length of said road, in the following manner, viz: when forty perches in length of said road are finished, and approved by the superintendent, the United States will pay to the said Henry McKinley, for twenty perches: and after that, they will pay him on the completion of every twenty perches for the said twenty perches; at all time reserving the amount due for the first twenty perches, until the whole of the section hereby contracted for shall have been finished and completed to the satisfaction of the superintendent, agreeably to contract, when the ... due shall be paid to the said Henry McKinley. And the said Henry McKinley, for himself, his heirs, executors, and administrators, further covenant and agree with the said Albert Gallatin, Secretary of the Treasury, for and in behalf of the United States, that, in case the said Henry McKinley shall not well and truly, from time to time, comply with and perform all the covenants and conditions hereinbefore stated and stipulated on his part to be done, performed, and complied with, in the manner and form, and within the time hereinbefore mentioned; or, in case it should appear to the Secretary of the Treasury, for the time being, or to the superintendent of the road for the United States, that the work does not progress, and go on with sufficient speed, so as to be finished and completed in the time herein specified, that then the foregoing agreements on the part of the United States, and every part-thereof

his hand and seal, the day and year first before mentioned. , ALBERT GALLATIN, Secry of the Treasury. HENRY McKINLEY.

Signed, sealed, and delivered, in the presence of— George BRUCE, John Rive, M. WAllAce.

Approved: JAMES MADISON.

Extract of a letter from David Shriver, junior, to the Secretary of the Treasury, dated

WestMINster, Jan. 14, 1812.

I hope the enclosed report will be found such as was required. Should any part be found improper, I will thank you to return it to me, at this place, with your remarks; or, should it be thought best that I should again attend at the city, you will please direct me; my reason for pointing out the probable cost of the ten miles, is, that Congress might know what sum would complete the road to any particular point. The small sum wanting, in addition to the balance that will remain unexpended, to enable them to make the road across Meadow Mountain to Tomlinson's, (which would be eleven miles in o Congress ought to give. The road then would be very beneficial to the public; whereas, if we stop at the end of seventeen or eighteen miles, it will be of little or no service, ending in a wilderness instead of a settlement, and in a tolerable level country, where persons from various points might travel to it. This small sum would likewise enable us to keep the hands, now on the work, in employ; a great number of them have families, and have moved on the work at considerable expense, which has, in a number of instances, been paid by the contractors, and the poor people, yet indebted, some of them, considerably, should they be obliged to leave the work, it would, in my opinion, be difficult to gather them again. The Legislature of this State has passed a law to establish a bank at Cumberland. The stock is to be subscribed on the first of April next. This bank will remove one difficulty, which has always been an important one with me. I shall leave this place for the road as soon as there is any prospect of being able to go on with

shall become null and void ; and the United the work.

States shall be at liberty, and have full right and authority, anything herein to the contrary not

withstanding, to employ and set to work, or to contract with any person or persons whomsoever, in the place and stead of the said Henry McKinley, and without any interruption or interference whatsoever from him, the said Henry McKinley, his executors, or administrators.

JANUARY 14, 1812.

SiR : It being required by law that a statement should be submitted to Congress at each session, I have considered it my duty to give a concise view of the progress and present state of the Western road, under my superintendence, with

In witness whereof, the said Albert Galla- such additional observations as arose out of the - *

tin, Secretary of the Treasury, in behalf of the United States, hath hereunto subscribed his name, and affixed the seal of the Treasury; and the said Henry McKinley has hereunto set

subject.

The levelling and shaping the bed of the road is complete, with a few exceptions, for about five miles; the stone for the pavement laid on a greater part thereof, and about four miles broken so as to be nearly complete. Such being the present state of the work, the probability is, that the ten miles will be completed within the time limited by contract, the 1st of August next. The expense of mason-work, bridging, lime, &c., cannot, at present, be exactly ascertained, but is expected, when added to the contracts, will make the entire cost of those ten miles about $75,000. Should it be finally determined to roll the road, and gravel or sand it, the cost will be, in addition to the above amount, rolling about thirty dollars per mile, gravelling or sanding, where either of those articles can be conveniently had, about one dollar per perch in length of the road. The whole of my attention being absolutely required on the work in hand, I have not been enabled to acquire sufficient information of the next ten miles, so as to speak with precision, but have viewed the location, and made such an estimate as circuinstances would admit, by which it appears that the expense will be nearly the Sa in e. No alteration or addition to the law has suggested itself, as absolutely necessary, except some provision for keeping the road in repair, after it shall be received from the contractors; for, on turnpikes which pass over a more level surface, that have time to settle and become firm, and on which constant repairs are made, it has, not withstanding, been found difficult, at certain seasons of the year, to keep them in good order. The present road passing over ground so broken, subject to the wash of large quantities of water discharged from steep valleys adjoining, as well as the operations of the seasons upon it in its green and unsettled state, and the great use which, rom its local situation, will immediately be made of it, will, when taken into view together, present to the mind the state in which it will very soon be, if left to the free and unrestrained use of all, without attention and without repair. I would respectfully suggest the propriety of demanding such a toll as will be sufficient to keep it in good and perfect order. I am, &c. - DAVID SHRIVER, JR.

Eartension of Patent Right.

Hon. Albert GALLATIN, Secretary of Treasury of the U. S.

-

EXTENSION OF A PATENT RIGHT.

[Communicated to the House, April 20, 1812.]

To the Honorable the Senate and House of Representa

tives in Congress assembled, the memorial of Eli

Whitney respectfully showeth.

That your memorialist is the inventor of the machine with which the principal part of the cotton raised in the United States is cleaned and prepared for market. That, being in the State of Georgia in the year 1793, he was informed by the plauters that the agriculture of that State was unproductive, especially in the interior, where it

produced little or nothing for exportation. That attempts had been made to cultivate cotton, but that the prospect of success was not flattering. That of the various kinds which had been tried in the interior none of them were productive, except the green seed cotton, which was so extremely difficult to clean as to discourage all further attempts to raise it. That it was generally believed this species of cotton might be cultivated with great advantage, if any cheap and expeditious method of separating it from its seeds could be discovered, and that such a discovery would be highly beneficial both to the public and the inWent Or. These remarks first drew the attention of your memorialist to this subject, and, after considerable reflection, he became impressed with a belief that this desirable object might be accomplished. At the same time he could not but entertain doubts whether he ought to suffer any prospect of so precarious a nature as that which depends upon the success of new projects to divert his altention from a regular profession. About this time Congress passed a new patent law, which your memorialist considered as a premium offered to any citizen who should devote his attention to useful improvements, and as a pledge from his country that, in case he should be successful, his rights and his property would be protected. Under these impressions your memorialist relin: quished every other object of pursuit, and devoted his utmost exertions to reduce his invention, which, as yet, was little more than a floating im’ age of the mind, to practical use; and, fortunately for the country, ile succeeded in giving form to the conceptions of his imagination, and to matter a new mode of existence; and the result of this new modification of matter was everything that could be wished. After reducing his theory to practice, by effec. tual and successful experiments, your memorialist took out a patent. So alluring were the advantages developed by this invention that, in a short time, the whole attention of the planters of the middle and upper country of the Southern States was turned to planting the green seed cotton. The means furnished by this discovery, of cleaning that species of cotton, were at once so cheap and expeditious, and the prospect of advantage so alluring, that it suddenly became the general crop of the country. Little or no regard, however, was paid to the claims of your memorialist; and the infringement of his rights became almost as extensive as the cultivation of cotton. He was soon reduced to the disagreeable necessity of resorting to courts of justice for the protection of his property. After the unavoidable delays which usually as tend prosecutions of this kind, and a labored trial it was discovered that the defendants had only used, and that, as the law then stood, they mus both make and use the machine, or they could no be liable; the court decided that it was a fatal, though inadvertent defect in the law, and gao

judgment for the defendants.

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