The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-17
Our Albany Correspondence.


Claims isal!owaace ofhe Greater Portion--A
Lorge taying 10 the Treasury, &C., &c.
Most of the readers of the sERALD will recollecs
that the strongest possible efforts have been made
by an organized set Of Rochester conspirators, dur
ing several sessions Of the Legislature, to plaader
the State treasury Of an enormous amount OF money.
This combination consisted Of some one hun bred
and fifty individuals, many Of whom are the most
wealthy and influential persons residing 10 that city.
The Rank of Auburn and the Rochester City Bank
were also en- gagged in this plundering scheme. The
me.ence set forth for tbat formidable invasion Of
the treasury was, that the state Of New York had
taken portion Of the waters Of the Genesee river,
and conveyed them to the Erie canal and the Gene
see Valley canal, by which means the hydraulic pro-
perty Of private citizens was injured to an ncacu
liable amount.
During the sessions of the Legislature Of 1854 and
1866 the conspira,ors besered the members of both
branches Of the Legislature to enact Law under
which they could obtain their pretended claims for
these alleged damages. Several Of the leading milers
and others Of Rochester were IN the Hobbies usiag
every argumsn Mt within their power to convince the
ms mbers of the Legislature of the business Of their
claims. The former session passed without granting
The request. The lobby was again filled at the sub
sequert session with the same lusty beggars; in
deed they then had be come actually ravenous and
demanded millions as a matter of right The Al
bany correspondent of the HERALD, discovering the
anxiety both in the lobby and in the Legislature in
relation to this Rochester mill race and finding also
that immense sums of money were demanded to sa-
,isfy the modest petitioners, took occasion, quite
frequently in the columns Of that paper to caution
members, and to admonish them in reference to
their proceedings in the Rochester water claim.
And strange to say that although the people of the
whole State wee aware Of this attempt to imp0ver-
ish the treasury from year to year, not remon
saarce was heard not newspaper paragraph ap-
Feared against the wholesale swndle except the
articles which appeared in the New YORK HERALD.
In these articles it was contended, in the first
Place That If any damages were ever sustained they
we've lquidated in 1926, when ii was considered. on
ell bands, that no further demands would be Eade
in tie second place that all the hydraulic works at
Rochester have been constructed subsequent to the
COMPLETION Of the Erie canal, with a full
knowledge of Tire Genessee feeder for that
canal, consequently there could be no jast
equitable claim against the state by
individuals erecting those works. 1t was allowed
that tie Gennesee Valley canal having been con.
struced since the erection Of great pc ton Of the
mills and other mannfa curing establishments. there
who owned property at that period, $40. The lobby
made slow progress even IN the latter sc sim. The
honorable Senator from Rochester, since retained
counse. Tor tue petitioners, after laborng nearly
through the entire session for bill giving the canal
appraisers power, solely to adjust and pay the
claimants finally became discouraged and attri-
bnted the HERALD articles as the principal caHse
Why the bill was retarded At the heel OF the ses
sion wien il became evident that the bill which the
lobby wanted must fail ii conceded on all hands
10 frame new bill, inserting the name and amount
CT claims OF each individual and authorize tn. Board
Of Canal appraisers 10 hear and . detsrmne the
and appraisment OF those damages. Ifany had been
sustained TO report the same TO the Canal Board;
that board to review the proceedings and then pre-
sent the same to the next Legislature.
This report has Just appeared in print. The APP
prascrs met in the city Of Rochester the 18th Of
July 1855. The claimants bad for counsel Henry
r. Selden, Selah Matthews, T.. Darwin Smith, W. $.
Bishop ttlie aforesaid named ex Senator and Alfred
Ely. ON the part Of the State appeared Joshua A.
Spencer, John RI. Martiudale, and Canal Comms
sioner Frederick Follett. number Of witnesses
were examined, and the case was hnally submitted
The claims amounted TO about two hundred and
fifty thousand dollars. The appraisers decide that
the original appropriation Of Genesee river for ca
nal purposes was permanent and that the State has
been simply using its own waters, and no liability
alta Ii therefor. cit was large river, and favor
ably situated for feeding the canal, both east and
west and whose whole current, If necessary, could
Tonawanda creek. and other streams and lakes
west Of the Genesee river were taken and perml-
nently appropriated by the same process, and the
state has had ON absolute fee TO the soil aud an
equally absolute easement In the water for canal
purposes In all the original surveys AMI differ
ent routes proposed for the Erie canal IL was a..
ways in contemplation to make the waters OF the
Genesee river subseryient to its supply. Three
fourths of the whole line OF the Erie canal Is now
held by the same tenure as the Rochester feeder.
VIII il be seriously pretended that the State has
ttle-tbat the fee has never passed! In our own
Judgment II was clearly the intention of the State
officers TO make this feeder aud the necessary
volume Of water from the Gencsee TO dow through
II rs permanent as the life OF the Eric canal"
We quote further from the appraisers report -
j" There Is not one Of the claimants who claims com
pensation The ground that he had any right 10
interest IN tie water power when the appropriation
was made in ls22. Most II not oil o. the three pro-
pretors long ego parted with their entire interest,
on, IL Is presumed, vauable terms. New parties
have taken their places. These new parties have Ia
ken, subject 10 the rights OF the state. and with no
tce thot those rights existed and might be enforced.
II The state had never paid . farthing for this
and remunera'iye consideration In the way Of bene
fits. The Eric canal has been the very life Of
Rochester. To IL, more than oil other influences
combined Is attributable It's present proud position
as ar inland city. Rochester is said 70 be the
greatest Touring sity In tue world, Would IL have
been so without the Ele canal transporting wheat TO
it, mills and - flour TO marketg' The appraisers
see flow into the Erie canal by rejecting oil the
cleims ON that account, la these emphatic terms:--
These claims, therefore, far they relate 10 the
Erie canal. must lie rciested. The state has been
simply using its own property, and whatever the
damage TO the parties may be, there is no just or
equitable demsnd on the State for redress. The
losses subsequent to 1882 have been bu, the legti.
mate consequences Of the rghtful and permanent ap-
Ilopriaiion ~ lS22.
The appraisers then review the Gains on the
Genesee Valley canal and come to the conclusion 10
award certain damages 10 persons who held title in
L. 90 when the canal opened, and who still bold
tie same. To all those who have disposed of their
interest they award nothing. To sixteen persons
they award the sum Of s25,5l9 0s, one-haf or more
einr for fifteen years interest, $3.50 being the
b CHEST, ard 1858 l. the lowest to any individual.
These awards will undoubtedly be confirmed by the
next Legislature, and the Canal Auditor be directed
10 pay the same out Of the canal fund.
Perhaps n more systematic attempt was never
made TO swindle the State out Of immense amount
Of money than this effort OF the Rochester mill own
ers and others The men employed in the scheme
among the richest, strongest and most influential