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accumulation of ice above Wheeling than below that point during the winter months. Deponent has frequently known steamboats owned in and bound for Pittsburg, during the summer and fall months, unable to ascend the river higher than Wheeling, in consequence of low water, at which point they either discharge their cargo, to be forwarded by some other conveyance, or are detained at Wheeling until a rise of water in the river. Deponent has also known steamboats from Pittsburg, bound down the river, during the summer and fall months, put their freight on board of keelboats, flatboats, or scows, between Pittsburg and Wheeling, and take them (the keelboats, flatboats, or scows) in tow to some point below Brown's island or to Wheeling, at which point the freight was taken from the keelboat, flatboat, or scow, and put on board the steamboat; and that this was done in consequence of the great difficulty of the navigation of the river between Pittsburg and Wheeling. Deponenthasalso knownsteamboats to leave Pittsburg, during the summer and fall months, with little or no freight on board, in consequence of low water; and that said steamboats, on arriving at Wheeling, would take in considerable freight, and proceed down the river with less difficulty than they experienced between Wheeling and Pittsburg. Deponent would expressly state, from his intimate knowledge of the navigation of the Ohio river, that, when the water is so low that no boat above what is denominated a medium sized boat can approach Wheeling from below, during that time, none other than the lightest draught boats can reach Pittsburg; and that, when the water is so low that none other than the lightest draught boats can reach Wheeling from below, then steamboat navigation may be said to be entirely suspended between Wheeling and Pittsburg. Deponent has frequently known steamboats reach Wheeling from below without difficulty, during the summer and fall months, and, on the same boats, during the same trip, attempting to reach Pittsburg from Wheeling, they have been compelled to return from Brown's island to Wheeling, in consequence of low water; and deponent has also frequently known boats from below ground between Wheeling and Pittsburg, and be compelled to remain aground until a rise of water in the river; and deponent further knows that supplies for steamboats can be obtained at a much lower rate in Wheeling than in Pittsburg, and that coal can be obtained at Wheeling for steamboats at from twenty five to fifty per cent. cheaper than it can be purchased in Pittsburg. J. H. LOUDERBACK.

The foregoing depositions of David Blashford and J. H. Louderback were subscribed and sworn to before me by said Blashford and Louderback this 10th day of February, A. D. 1838.

FRANCIS R. ARMSTRONG, Alderman.

State of Virginia, City of Wheeling, to wit:

I, Moses W. Chapline, Mayor of the city of Wheeling, in the State of Virginia, do hereby certify that Francis R. Armstrong, before whom the foregoing depositions of David Blashford, James H. Louderback, Edward G. Bladen, Samuel Mason, Samuel Clarke, Edward Booth, William H. Cecil, Henry Mason, and Lewis Bradshaw, (and contained on the annexed three sheets of paper,) appear to have been taken, is now, and was at the time of taking the same, an alderman and ex officio a justice of the peace in and for the city aforesaid, duly elected and qualified, to all whose official acts, as such, full faith and credit is and ought to be given, as well in courts of justice as thereout.

In testimony whereof, I have hereunto set my hand and affixed the seal of said city this 10th day of February, in the year of our Lord one thousand eight hundred and thirty-eight.

MOSES W. CHAPLINE, Mayor.

Deposition of Samuel Barnett.

Virginia, Ohio County, sct.

This tenth day of February, A. D. 183S, personally appeared before me, James S. Wheat, a master commissioner for the taking of depositions in the Circuit Superior Court of Law and Chancery for Ohio County, State aforesaid, Samuel Barnett, who, having been duly sworn, made oath and saith.

I have been a pilot on the Ohio river for five years last past: I have been running on the Ohio river in different capacities for ten years last past. In ascending the river from below, the first obstruction after leaving Cincinnati in low water is at "Buffington's island," the next at "Marietta island," the next at "Carpenter's bar," the next at "Petticoat ripple," the next at "Captina island;" these are all the principal obstructions below Wheeling. In ascending from Wheeling to Pittsburg, obstruction is at "Burlington bar," the next the "2d Sister island," the next is " Beach-bottom bar," the next is "Mingo island," the next is "Well's bar," (near Steubenville, Ohio,) the next is "Edgington's rocks," the next is "Brown's island," the next is "Neisler's cluster," the next is " Line island," the next is "Raccoon bar," the next is "Beaver shoals," the next is "Logstown bar," the next is " Dead man's ripple," the next is "Woollery's rap," the next is "White's ripple," the next is "Merryman's bar," the next is "Duff's bar," the next is "Horse-tail ripple," the next is " Bruno's island foot," and the next is "Glass-house ripple." These are all the principal obstructions to be met with in a low stage of water from Cincinnati to Pittsburg. In descending the river from Pittsburg, where the boat draws all the water found on the several bars, shoals, and ripples, we are compelled to lay by each night until we get to Wheeling; on the same stage of water, the boat can receive at Wheeling additional freight and passengers, and descend the river, running both night and day, with less difficulty than above. At the same stage of water in the river, possible for steamboat running, we have more water on the bars and shoals below Wheeling than on those above. The bars, shoals, and ripples, below Wheeling, are either gravel or sand, and afford a much wider channel than those above : the bars, shoals, and ripples, between Wheeling and Pittsburg, are generally rocky and highly injurious to a boat when she strikes. In the seasons of low water, which happen more or less frequently every year, steamboats can ascend to Wheeling at a stage of water when it would be impossible for them to ascend higher.

At the ordinary low stage of water for steamboat running, there is a very material difference between "Captina island" below Wheeling, and " Brown's island" above Wheeling. At Captina island we have always had from four to six inches more water than at Brown's island, we can often pass the former, when it would be impossible to pass the latter. Captina island in low water is always passed on the Virginia side, there being always more water on that side than on the other.

SAMUEL BARNETT.

Sworn and subscribed this 10th day of February, 1838, before me,

JAMES S. WHEAT, Master Com.

At the same time and place appeared before me, master commissioner as aforesaid, William Clark, William Leonard, and Jeremiah Mason, who, having been severally sworn, made oath and said :

That they have been pilots on the Ohio river about the same length of time mentioned in Samuel Barnett's affidavit above written: they. have heard that affidavit read to them, and were also present when the said Barnett made the same: these affiants do here reiterate all the statements in said Barnett's affidavit, and do verify the contents of the same, as if the same had been again here written out.

WILLIAM CLARK,
WILLIAM LEONARD,
JEREMIAH MASON.

Sworn to and subscribed this 10th day of February, 1838, before me,
JAMES S. WHEAT, Master Com.

I, James S. Wheat master commissioner as aforesaid, do hereby certify that the foregoing atfidavits were made before me at my office in the city of Wheeling, county and State aforesaid.

Given under my hand and seal this tenth day of February, 1838,

Virginia, Ohio County, to wit :

JAMES S. WHEAT, [L. S.]

I, William Chapline, clerk of the Circuit Superior Court of Law and Chancery for the county of Ohio, do hereby certify that James S. Wheat, Esq., before whom the foregoing depositions were taken, is a master commissioner in chancery for taking depositions, duly appointed and qualified. Given under my hand and seal of office, this 10th day of February, 1838, [L. S.] and in the 62d year of the Commonwealth.

WILLIAM CHAPLINE.

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Deposition of Redick McKee.

The deposition of Redick McKee, taken before Francis R. Armstrong, an alderman and ex officio a justice of the peace in and for the city of Wheeling, in the State of Virginia.

The said Redick McKee, having been first duly sworn, deposeth and saith that he, the deponent, is the senior partner of the house of McKee, Harding, & Co., (and lately of the firm of Knox & McKee,) commission and forwarding merchants in the city of Wheeling; that he has been for nearly twenty years engaged in business, and is well acquainted with the navigation of the upper part of the Ohio river and with the class of boats engaged in the transportation of merchandise and passengers, particularly

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in the low stages of the river during the summer and fall months. Deponent is well acquainted with David Blashford, James H. Louderback, Edward G. Bladen, Samuel Mason, Samuel Clark, Edward Booth, William H. Cecil, Henry Mason, Lewis Bradshaw, Samuel Barnett, William Clark, William Leonard, and Jeremiah Mason, (who have testified in relation to the navigation of the Ohio river and other subjects connected therewith,) and knows them to be experienced pilots, and men of good standing in society, and entitled to full and ample credit on oath. Deponent is also well acquainted with George Caruthers, and knowshim to be a man of good standing in society, and entitled to full and ample credit on oath. This deponent knows that the superiority of the navigation of the Ohio river below Wheeling, over that part of the river between Wheeling and Pittsburg, has influenced, and continues to influence, many of the oldest and most experienced merchants and traders in the West and South to forward their goods to Wheeling for shipment, to the amount of some thousands of tons annually, notwithstanding the cost of transportation from the Eastern cities 4. is often greater to Wheeling than to Pittsburg by five to ten dollars per ton. Deponent believes that to this cause (to wit, the superior navigation below 5 Wheeling) may be attributed the preference given by many to Wheeling to a shipping port on the Ohio river, particularly in the summer and fall months, operating a constantly increasing business to the manufacturers and commission houses of this city. This deponent knows that a large majority of all the passengers ascending the Ohio river land at Wheeling instead of proceeding on by boats to Pittsburg; and that, during the low stages of water, two or three daily lines of stage-coaches find constant and profitable employment in conveying passengers between this city and the city of Pittsburg; and that this mode of travelling is frequently adopted in consequence of an entire suspension of steamboat navigation between Wheeling and Pittsburg, and particularly during the summer and fall months, in consequence of low water. This deponent well knows, and states without fear of contradiction, that every summer and fall, during the last fifteen or twenty years, steamboats from below have frequently had to unload and store their freight at this place, to be reshipped in keelboats for Pittsburg, in consequence of said steamboats being unable to reach Pittsburg, owing to low water, and that said steamboats, on unloading their freight, would return from this place to Cincinnati or Louisville without attempting to proceed higher up; and deponent has frequently known steamboats owned in and bound for Pittsburg to adopt this course in the summer and fall months during low water, and also in winter when the navigation is impeded by ice. This deponent further knows that very frequently, when the river is at a medium stage, steamboats arriving from Pittsburg take on board at Wheeling additional freight, and then proceed on their voyage without difficulty or detention. This deponent feels assured and believes that a much greater number of boatmen and others employed in the river trade arrive at and depart from the port of Wheeling every year than from any port on the Ohio river between Pittsburg and Louisville, unless it may be Cincinnati. REDICK MCKEE.

Sworn to and subscribed before me, the subscriber, (an alderman and ex officio a justice of the peace in and for the city of Wheeling,) by the above named Redick McKee this 20th day of February, A. D. 1838.

FRANCIS R. ARMSTRONG, Alderman.

State of Virginia, City of Wheeling, to wit:

I, Moses W. Chapline, Mayor of the city of Wheeling, in the State of Virginia, do hereby certify that Francis R. Armstrong, before whom the foregoing deposition of Redick McKee appears to have been taken, is now, and was at the time of taking the same, an alderman and ex officio a justice of the peace in and for the city aforesaid, duly appointed and qualified, to all whose official acts, as such, full faith and credit is and ought to be given, as well in courts of justice as thereout.

In testimony whereof, I have hereunto set my hand and affixed [LS.] the seal of said city this 20th day of February, Anno Domini,

1838.

MOSES W. CHAPLINE, Mayor.

Deposition of George Caruthers.

State of Virginia, city of Wheeling, to wit:

The deposition of George Caruthers, taken before Francis R. Armstrong, an alderman and ex officio a justice of the peace in and for the city of Wheeling, in the State of Virginia.

The said George Caruthers, having first made solemn affirmation, deposeth and saith that he, the deponent, has been acquainted with the navigation of the Ohio river for twenty five years; that during the years 1813, 1814, and 1815, he, the deponent, ran keel boats from Brownsville, Pennsylvania, to different places below Wheeling; that he, the deponent, always experienced much greater difficulty (in consequence of low water and the rocky bed of the river) in the navigation between Wheeling and Pittsburg than he did below the first named place.

Deponent states that between Wheeling and Pittsburg a great many streams put into the river, the most important of which are Big Beaver, Little Beaver, King's creek, Big Yellow creek, Little Yellow creek, Cross creek, Indian Cross creek, Buffalo creek, Short creek, and Indian Short creek, Wheeling creek, and Indian Wheeling creek.

Deponent is well acquainted with the country around Pittsburg and Wheeling, and has no hesitation in saying that the country around Wheeling is far superior to that around Pittsburg in richness of soil, and much more productive. Deponent is well acquainted with the coal lands around Pittsburg and Wheeling, and knows to a certainty that coal is in much greater abundance and much easier of access around Wheeling than around Pittsburg. Deponent has known a great many persons, during the summer and fall months, come from Pittsburg to Wheeling by stagecoaches, for the purpose of taking a steamboat passage down the river from Wheeling, and that they adopted this course in consequence of being unable to procure a steamboat passage from Pittsburg, owing to the low water and difficulty of navigation between that place and Wheeling. Deponent has also known a great many persons travel from Wheeling to Pittsburg by stage-coaches, for the reasons above set forth. Deponent has also known steamboats come up the river to Wheeling, and on the same boats, during the same trip, attempting to reach Pittsburg, they have been compelled, in consequence of low water and the difficulty of navigation, to return to Wheeling, without being able to reach Pittsburg.

GEO. CARUTHERS.

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