American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1827-07-20

out any hearing Of the company without hot'cc "
any kind to them or 10 any OF their oifcers, "''h
out indeed any ntimaton that there existed cause
of legal complaint against them, was, on the NOR
n;nr If the i1th December, laid on the whole line
from st. Georges to the west OF the summit orioSe,
covering about five miles.
A more inauspcious moment Tor sucf an exer-
else of power could not have been seleoted ne
unfinished state of the drains made them useless
for the protection of the canal while the compile
ton Of them in detached parts formed reservoirs
for the accumulation of water outside the banks.
4 force Of from seven to eight hundred men was
thrown out of employ at the opening Of the WIN
ter, at time when, for obvious reasons, constant
labor was required to repair occasional damages.
ard to prevent their being seriously extended
Some of these men, whose families were resident
with them on the line, in temporary buildings
erected for the purpose, must have suffered Tor the
means Of subsistence, had not the neighborng
contractors given them employment at that inclem-
ent season, The extensive operations which had
lust been begun on the canal ITSELF made it liable,
If unprotected, to injury from the elements in o
peculiar degree.
Aware Of these circumstances the board lost not
moment in presenting them to the notice OF the
chancellor; and they solicited OF that officer at
least such a Modification of his original order as
would have the effect to diminish in a considerable
degree the consequences which were apprehended.
But it appeared that the course Of proceeding in
the chancery of Delaware did not at that time
permit such modification; and they were adyis-
ed by their counsel that the Injunction could only
be removed after hearing at a future and some
what distant day. II was finally dissolved, on the
first day Of April. by an agreement which referred
all matters in dispute to the aIbitrament Of three
gentlemen of high character, whose award IS now
daily expected.
Aware of the very serious mischief which this
injunction was calculated to inflict ON the compa.
ny, the board used early and constant Efforts to
bring the merits of the whole case TO a speedy al
ludIeation before the chancellor; but they used
them Intellectually, and about four months elapsed
before they we're even suffered to resume their
lahors. II is an additional aggravaion to know.
that for the positive injury sustained, no repara
ton is to be expected no security whatever was
given BY Clement, to indemnify the company for
this injury.
The ostcnsiblc object Of the injunction was to
obtain new measurement of labor performed, IN
der the plea that +" the engineers Of the company
had never made measurement, and that their re-
turns ot the work done incorrect. But the
board, had they been permitted, were prepared TO
show that very frequent ami accurate measure
mcnts had been regularly made, their results truly
returned and that the iginal surface of the ground
having been completely altered and oblltcrated by
the progress Of he work, and the surface left by
Clement & Co having been entirely changed by
his successors, who had been working almost Sc
ven weeks, measurement of the work done by
him and his partners had ceased 10 be practicable.
Anxious nevertheless, TO evnce their entire readi-
ness to submit the proceedings of themselves and
their engineers to the srictest crutiny the board,
pending the injunction, deputed at one time Can
vass White, Esq. engineer Of the Union Canal and
Samuel Hams, Esq public survey'' Of the city Of
Philadelphia; and at another time, VIM. Strickland
Esq engineer Of the Pennsy lvania canal, and f..
Beech, Esq engineer OF the Morris canal; to make
such measurement; but they sevcrally returned
without having effected the object, declaring il i'm
possible, and that the measurements before made
by the company engineers, which they had exam
med and tested. were remarkably accurate In
this result the board was not at all disappointed
It was on the contrary precisely such as they ex-
pccted, and such as they think must have been OK
pected by every man Of cantour and reflection.
The board owe it to themselves to declare, that
their worst fears as to the consequences Of the in
junction have been more than realized. Injuries
have been sustained to the amount of between forty
and fifty thousand dollars, which are attributable
exclusively to the exposed situation in which the
work was arrested by the injunction. While it re-
manned IN force, it vas not permitted them 20 take
measures for its protection. Large bodies Of water
collected in the winter behind the spoil banks and
IN the unfinished drains; and on the occurrence Of
the thaws and heavy rams Of spring. the banks ha-
wing been undermined, were in many places wash
ed into the canal huge burrows and guliies we're
thus formed IN the slopes the bcrns and tow path
were abfaded, and almost oblierated; the road
ways and inclined planes for the removal of the
earth were destroyed; and an immense quantity
Of wash was deposited on the bottom Of the canal
to the depth Of several feet, which presents cx-
traordinary difficulties in the removal At this
moment, after unremitting labor since the LIST of
April, the work on this part Of the canal is further
from its completion than it was the day the inlunc-
ton was laid.
The delay thus produced on the eastern division