American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-03-29
TO THE PUBLIC.


ANgTE TO an act Of the General Assembly, passed
l. at Dover, Sd Feb. 1926 (which is supplement to an
n for improving the navigation of Murderk and Spring
creeks passed at Dover, 22d Jan. 1910.
whereas the Commissioners appointed by the said act
IN which this is supplement, did lay out and partially cut
through the marsh adjoining Murderkill creek aforesaid,
two Canals thereby intending to cut Oft and avoid two of
The shoals in said creek, to witt Walkers shoal and
Warren's sloa and the same time to shorten the dis
lance very considerably but completed either OF
The said Canals and altogether failed TO render any bcne
+, or advantage the navigation of the said creek the
sl Canals having remained wholly useless for consider
able tme And whereas Ma Townsend, of the Village
Of Peerica undertook the completion of one of the said
Canals after the work had been abandoned BY the Com
uoners. and completely succeeded in making the said
Canal which cut uf Walkers shoa nayigabe for all ves
sells nng the said creek thereby rendering to the public
essential service in saving great delay and expense in the
navigation Of the said creek and whereas the said Major
Townsend has been put to great inconvenience, trouble
and expense in completing the sad canal! and rendering
e same navgable aforesaid, for which expense and
trouble the said Major Townsend has not been reimbursed
and paid for his services trouble aud expense aforesaid.
Sec. Be it, &c &c. &c.
In answer to The preamble aforesaid we deem it duty
owe TO ourselves as well to of friends,
demonstrate against the greater part OF the above pream
Bile, which drawn up from the representation given by
Major Townsend the subject and which we do protest
is absurd as ii is false.
In the year of 1917 the commission for the improve
men Of MlJerkill Creek, &c got subscribed nearytweive
hundred dollars the greatest part OF which was subscribed
improving the navigation Of Murderk Creek. by cutting
canals they employed persons to undertake the work who
well acquainted and had been used TO cutting canals
through mary grounds and proceeded To cut first through
the marsh of Andrew Barrat, as to avoid Walkers
shoal the evening after the canal was opened
for the tide of the creek TO pass through, Walter
ouglass's vessel passed through it light, and in very
snort time after Jacob Boones vessel went through with
upwards Of eleven hundred bushels of All this was
long before Major Townsend and his mud devil or mud
aper as he called it, had any thing to do with the canal
How then can il he that the commissioners altogether fail
ed to render any benefit advantage TO the creek
was not expected by the commissioners that the undertaken
OF the canal sufficiently deep for vessels heavily
laden 10 pass Immediately through at common high water
des believing (and which proved be correctly that the
Tide waters would wear it deep enough; together
with the vessels passing and repassng through SAID canal
However, Major Townsend, of the village OF Frederlca,
VINO then owned share in vessel, proposed that he
would, for the oil one hundred and twenty six dollars
nl26) make Immediately usvgabe for vessels drawing
te eet water to pass through at common tides, or that
should be as good Coles Shoal. To keep from
hrg pestercd 10 DEATH and TO crafty him in his old
womans notion, we, with Andrew Barratt and Isaiah Row
iand Esq. t7co oher commissioners, entered into con
lac! with the said Major Townsend, on the 22d Oct 1918
conditioned that if he did, at his own expense make the
canal through A. Baria'ts marsh five feet water at com
mon tides good as Coles Shoal, to be adudged BY
he said commissioners. and that within zceeks or month
rom that date, C22d Oct 1918 that he should receive
ol2o y But on falling to comply with the contract, ne
SHOULD receive nothing for any expense or trouble he nigh
eat The next summer following, and nine months from
The date of the contract Major Townsend called the
commissioners TO view his work. which they Immediately
attended to, and took with them two captains OF vessels
neongng TO the creek; OF whom was captain OF the
vessel which said Townsend owned part of. On examin
ing and measuring the depth of water in SAID canal wa
unanimously declared by the commissioners and the cap
s accompanying them, that the canal was but very lit
' better, if any, than it was before Mr. Townsend work
edon -hs vessel then laying the canal fast agrounC
thigh water. We proceeded to Coles Shoal, at has re
ge and found nine inches more water than there was II
we canal, although the tide had began to fall.
, The commissioners loaned to Major Townsend (abou
VIC time he commenced the work. fifty dollars which hi
promised to (and for which he gave reiundng re
Gept) he did fully comply with his contract he ha
uone neither subscribed fifty dollars for the improve
et OF the creek, he has paid twenty and no more, ant
refuses to pay the balance he has pestered the Genera
assembly for two sessions with his false representations,
Or what Why law appointing three commissioners Il
lake the subject into consideration, and award to Mr.
townsend what due him. if any thing, although w
nave already entered into reference with said Townsen
~ the court of Common Pleas referring the whole matte
1.-Two eminent Lawyers of Dover Finding that he wol
10 get any thing in point Of law, he resorts to the Legs
azure who, in order get rid of the a"ied pest grant
m law to do what have always been willing to do
t"he'her Mr.. Townsend suffered Inconvenience or trn
We IN mind OF not, can't say but will ADMIT that
hus' have cost him money, having understood tina
~, e and his mud dapper devil were drawn up and dow
e canal several days by 10 two legged black poneys
my cents day, for each poney. Several gentlemen
so understood, volunteered their services to assist him
we believe we shall be able to prove as zce as TO PRO
W. our conclls,ue reco,ds to the satisfaction of the
Sbsohers appointed by the late law to settle the matte
Tween US and Mr. Townsend that he eighty dol
IS which we think the commissioners will award u.s. a
uu nor comply with any part of his contract whatever
WALTER DOUGLASS, JACOB BOONE, Jr.