Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-06-13

W. !
hnt ,t The same time, of much convenience 10 lne
adjacent country: ADD quantity OF wafer sun
Gent to fill the canal up to its intended level 50
as to preserve It's inner slopes from was'"il5 IA
hard rains.
The same spirit which suggested thcse various
substitutes for the extension of the canal ABOVE me
Paint of Rocks. where it has been so long linpea
ed bv the injunction of the Railroad Company
induced the effort, on the part OF TINS boafa' 10
compromise with that Company, so mach OF 'ie
ground of dispute between the Two companies
as should enable both, in conjunction, 10 reac'i
Harper's Ferry. For the origin, progress aho
termination, of that compromise, ihe lioafu pSS
leave to refer to the accompanying printed cor
respondencc.
+ 1t beyan. as is known to tie President and one
of the Directors Of this Board, IN tender by me
President of the Railroad Company, vi com
promise which he particularly desired shoh'd res
pect only the ground below Iiarper's Ferry. bat
was finally extended with hs consent and that OF
his buard, to WiIliamspUrt. II ended, as the
correspodencc itself will shew, in resolution OF
the President and Directors OF the Railroad Com
pany, to make no compromise, which should DC
limited in extent to point short ct Cumberland.
For the grounds on which the Board refused to
accede to this unexpected ultimatum, they Deg
leave TO refer TO the official letter addressed IN
their behalf. by the President of the Board, TO
Committee Of the House of Delegates OF Mary
land, and to the letters Of the Civil Engineers,
Mcssrs Roberts and Cruger, written IN conior-
mitv with their dopustions. taken under cor
missiu from the Chancellor of Maryland, to be-
read in evidence in the suit still depending at An
napois.
Tothe objections, that the lines OF interference
between the two companies which have but lhcir
beginning at the Point Of Rocks, and that occu-
pying two out of the twelve miles below Harper
Ferry, they cover between Cumberland ana the
mouth of The Shenandoah 45out at 10 miles: that,
TO c-survey and endea,or to adjust, In connec-
ton, the location Of the two works Tor all this dis
lance, would, as their tngmecrs prov ID, consume
several wears; enhance the cost and augment the
hazard Of the canal; greatly impede, II not abso-
lutcly prevent. its future repairs and, according
to the proposed plan of compromise, cut 1t oil
| from all intercourse with the territory OF Mary
land above Tie Point of Rocks; might have been
added the same objection in relation to the OBJ
struction OF communica ton with Virginia; since
between its tow path and the margin Of The river
over which the produce of that State must pass,
in order to reach the canal, there would not, Tor
several miles together, be space enough TO land
or BERN bank Of the canal converted into rail
road, the canal would be cut off from approach
wherever the Baltimore company pleased 10 con-
struct their rail road, as allowed By their terms
of compromise, within eight feet of the canal.
Reluctantly Welding to the necessity imposed
on them by the decision of the Chancellor. on 4
motion 20 dissolve the rail road in junction, OF sub
hitting to fourth survey of the iue Of the canal.
the Board attempted in vain 10 expedite that sur
vey, by multiplying facilities Tor conductIns IT,
Till, perceving from It's very nature, apart from
the numerous distractions TO which It would be
liable, that 1t must consume many years, and be
accomplished, f at all at great cost, they deter
mined to rest the final decision OF the company's
rights on khe facts repeatedly manifested by the
prior SURVEYS made under high authority OF the
sameygroInd, and again demonstrated, by more
rcceifeprepf, that canal and rail TOAD could not
be conducted in jnxta. position along even the four
very shortsbut difficult passes. below lIarper's
Ferry, but by reduction of the required breadth
of its surface the augmentation Of its cost as well
as its hazard; diminution OF its expected utiIi
ty; and. consequently, of its future profit.
These effects were so fully disclosed by the
evidence of Messrs Roberts and Crugcr, as to
leave the Board no room to doubt but that the
Chancellor would dispense with the farther pro-
scculion Of the i5nt survey, and decide the con-
troversy between the two companies, on its me-
rits. without further delay.
In this expectation, this Board has not been
disappointed 1t is with great satisfaction that
they apprise the General Meeting Of a recent or
der granted, as thev understand from their coun-
sci, by the Chaucelor of Mary! land, requiring the
Commissioner, authorized, nine months ago. at
the instance of he Rail Road Company, to take
dispositions in this suit, TO return to Court the
evidence he had taken; and that the Chancellor
had notified both companies that he will be ready
to hear aud decide their upon its merits. on
the fifteenth day Of the present month, provided
they are both prepared for trial.
One benefit, if no other, will result from this
notice: the effect of which it is understood that
either party may delay. 1t will supply a test of
the sincerity o that declaration Of the President
and Directors 4af the Baltimore and Ohio Rail
Road CompanI, so often reiterated, that they
desire speedy termination of this unhappy. and,
to this COMPANY, a liSeNhnexpected and injurious
controversy.
As the Cour. of Appeals of Maryland will sit
in Annapolis i4 this month, if that shall not de-